1. ) LOKMAN BIN DATO' MOHD KAMAL TEH 2. ) MUSTAKIM BIN DATO' MOHD KAMAL TEH 1. ) WONG CHEE YEP 2. ) LOKE HSIAO LI 3. ) KAM MA AUTO CHANNEL SDN BHD

1. ) LOKMAN BIN DATO' MOHD KAMAL TEH 2. ) MUSTAKIM BIN DATO' MOHD KAMAL TEH 1. ) WONG CHEE YEP 2. ) LOKE HSIAO LI 3. ) KAM MA AUTO CHANNEL SDN BHD

The appeal is dismissed because the statement of claim does not disclose a reasonable cause of action by the plaintiffs who lack locus standi to sue for their bankrupt father's alleged assets without sanction under s38(1)(a) Insolvency Act 1967, and the pleadings fail to show the necessary particulars or nexus to the defendants such that striking out under O18 r19 ROC was proper.

Citation
BA-12ANCvC-42-03/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Lokman bin Dato’ Mohd Kamal Teh; Appellant/plaintiff: Mustakim bin Dato’ Mohd Kamal Teh; Respondent/defendant: Wong Chee Yep; Respondent/defendant: Loke Hsiao Li; Respondent/defendant: Kam Ma Auto Channel Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2022
Case Number
BA-12ANCvC-42-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Rehearing on Appeal Pursuant to S29 Courts of Judicature Act 1964
Outcome
appeal dismissed
Legal Topics
Locus Standi, Strike Out Under Order 18 R 19 ROC, Particulars of Claim Under O18 R12 ROC, Permission From Director General of Insolvency (s38(1)(a) Insolvency Act 1967), Admissibility of Evidence S60 Evidence Act 1950, Security for Costs
Source Language
Malay/English
Civil Procedure Trust Law Company Law Insolvency Law Evidence Law Locus Standi Strike Out Under Order 18 R 19 ROC Particulars of Claim Under O18 R12 ROC +3 more

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Parties

Lokman bin Dato’ Mohd Kamal Teh

Appellant/plaintiff

Mustakim bin Dato’ Mohd Kamal Teh

Appellant/plaintiff

Wong Chee Yep

Respondent/defendant

Loke Hsiao Li

Respondent/defendant

Kam Ma Auto Channel Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Rehearing on Appeal Pursuant to S29 Courts of Judicature Act 1964

Legal Issues

  1. 1 Whether plaintiffs (children) have locus standi to sue on behalf of their adjudged bankrupt father without sanction from the Director General of Insolvency
  2. 2 Whether the statement of claim discloses a reasonable cause of action against defendants
  3. 3 Whether affidavits can cure deficiencies in the statement of claim under Order 18 rules

Ratio Decidendi

The appeal is dismissed because the statement of claim does not disclose a reasonable cause of action by the plaintiffs who lack locus standi to sue for their bankrupt father's alleged assets without sanction under s38(1)(a) Insolvency Act 1967, and the pleadings fail to show the necessary particulars or nexus to the defendants such that striking out under O18 r19 ROC was proper.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs of RM3000
  • Application by respondents for security for costs struck out as otiose and withdrawn with no order as to costs